..... of accounts as per clause 4 of the decree and he is entitled for sale of the assets of the partnership firm as per sections 46 and 48 of the indianpartnershipact, 1932. the lower court has considered only clause 2 of the decree while the right for settlement of accounts ..... between the partners, the share of each partner is, in the words of lindley:' his proportion of the partnership assets after they have been all realized and converted into money, and ..... observed that:it is obvious that the act contemplates complete liquidation of the assets of the partnership as a preliminary to the settlement of accounts between partners upon dissolution of the firm and it will, therefore, be correct to say that, for the purposes of the indianpartnershipact, and irrespective of any mutual agreement ..... and for sale of the assets of the partnership firm, arises out of clauses 3 and 4 of the decree. the extent ..... of the firm, and to have the surplus distributed among the partners or their representatives according to their rights.26. section 48 of the partnershipact deals with mode of settlement of accounts between the partners, which reads as follows:48. mode of settlement of accounts between partners.in settling .....

..... urban bank limited, hyderabad (for short 'the bank').2. respondent no. 1 in each of these appeals is either a company incorporated under the companies act, 1956 or a partnership firm registered under the provisions of the indianpartnershipact, 1932. they are admittedly members of the bank. respondent no. 1 in each of these appeals borrowed huge amounts as loans from the bank and ..... failed to repay the same. therefore, the bank approached the arbitrator with claim statements for passing of awards under section 61 of the andhra pradesh co-operative societies act, 1964 (for ..... arbitrator from proceeding with the arbitration proceedings. the main plank on which the said writ petitions were filed was that respondent no. 1, being either companies or partnership firms, are not eligible to be members of the bank under the provisions of the act and, therefore, they are not amenable to the jurisdiction of the arbitrator under section 61 of the ..... short 'the act'). when the arbitrator had entered reference and given notices to respondent no. 1, they filed writ petition nos. 26590, 26591, 26592, 26598 and 26603 of 1999 in .....

..... trading or a non trading business.13. in this connection, it necessitates us to consider the law of the land viz., the provisions of indianpartnershipact i.e., sections 18, 19 and 22, which read as follows;section 18: partner to be agent of the firm:subject to the provisions of this ..... the plaintiff bank was marked as ex.a. 8 and the returned covers were marked as exs.a-10 to a-15 and ex.a-17. the partnership deed of the firm was marked as ex.a-18. therefore, on the entire appraisal of the said documentary evidence and on a reading of the ..... bench division in higgins v. beauchamp 1914 king's bench division 1192, where it has been held that implied authority of the partner to borrow money for partnership purposes, cannot be extended to a non-trading firm.8. sri k. mallikarjuna rao, learned counsel appearing on behalf of the first respondent bank repealing all ..... authority to borrow, and the question being that of implied authority to accept the principle that the managing partner of a common trading partnership has implied authority to borrow money for partnership purposes, thus binds the others. however what constitutes is the aspect of trading has not been gone into much in detail to apply ..... behalf of the firm,(g) transfer immovable property belonging to the firm, or(h) enter into partnership on behalf of the firm.section 22: mode of doing act to bind firm: in order to bind a firm, an act or instrument done or executed by a partner or other person on behalf of the firm shall be .....

..... doing business jointly in a particular adventure. mere sharing of profits does not make it a firm. it requires a contract and name. the definition of section 4 of the indianpartnershipact, 1932 (for short 'the act') is wrongly interpreted by the petitioner and trying to make out a case to attract section 69(2) of the ..... firm' and the name under which their business is carried on is called the 'firm name'.section 5 of the act refers as to when partnership not created by status, which reads as follows:5. partnership not created by status.-the relation of partnership arises from contract and not from status; and, in particular, the members of a hindu undivided family carrying on a ..... burmese buddhist husband and wife carrying on business as such, are not partners in such business.section 6 of the act deals with the mode of determining the existence of partnership, which reads as follows:6. mode of determining existence of partnership.-in determining whether a group of persons is or is not a firm, or whether a person is or is not ..... , requested to dismiss the revision petition by confirming the order of the lower court.12. under section 4 of the act, the words 'partner' and 'firm' are defined, which reads as follows:4. definition of 'partnership', 'partner', 'firm' and 'firm name'.-'partnership' is the relation between persons who have agreed to share the profit of a business carried on by all or any .....

..... partners with or without some new partners, the nature of right, title, interest and possession of the original partners does not change. indeed, under section 47 of the partnershipact, after dissolution of the firm, mutual rights and obligations of the partners continue notwithstanding such dissolution so far as such rights and obligations may be necessary to wind up ..... by breach taking the risk of damages. sewaram : air1993sc212 and rajeshekar basavaraj patil : [2002]supp3scr141 . the first respondent did not even intimate his retirement from the partnership firm to the government let alone take steps to put an end to the contract mutually or unilaterally. the question whether a retiring partner would attract disqualification under section 9 ..... . where the entire performance of a contract becomes substantially impossible without any fault on either side, the contract is prima facie dissolved by the doctrine of frustration, indian contract and specific relief acts - pollock & mulla 12th edition. it is the admitted case of the parties that, even after the first respondent filed his nomination, the contract between m/s ..... legislative council, was held on 17-3-2007. the petitioner, first respondent and the second respondent contested the election. while the petitioner contested as a candidate of the indian national congress, the first respondent contested as a candidate of the telugu desam party. the first respondent was declared to be the returned candidate. this petition is filed to .....

..... kundan sugar mills case has turned out on the fact situation that the new unit at bulandshahr is a completely new concern though belonging to the same partnership firm.29. on the contrary, if the conditions of service of the employees working in different units are not at variance and if both the units are ..... managed by the same partnership firm, it was found as a fact, that the conditions of service at both the units are distinct and different including in the disparity of payment of ..... now, what has been found by the supreme court in kundan sugar mills case is that the new unit acquired and started at bulandshahr by the same partnership firm which established the sugar factory at amroha, is a distinct and different unit from the one at amroha. except that both the units are run and ..... . : air 1966 supreme court 1471 and also a judgment rendered by the division bench of the allahabad high court in air gases mazdoor sangh, varanasi v. indian air gases limited and ors. : (1977) ii llj503 all and contended that it is impermissible for an employer to transfer an employee from one unit to another ..... in clause (ii) of section 2 of the payment of wages act, 1936, or (ii) a factory as defined in clause (m) of section 2 of the factories act, 1948, or(iii) a railway as defined in clause (4) of section 2 of the indian railways act, 1890, or(iv) the establishment of a person who, for .....

..... on record contended that, having regard to the very nature of transaction which is incomplete and not complying to the provisions of the stamp act and indian registration act and thus there being no valid and legal mortgage, the defendant no. 1 cannot enforce the same. therefore, the relief as sought for ..... which has been filed on 23-8-1999 is to the effect that the appellant ( herein after called as the 'plaintiff') is a registered partnership firm constituted on 2-4-1994 for the purpose of manufacturing pipes, tubes, cycle parts, hospital equipment etc., which has been carrying on business in ..... act to be valid one and enforceable, necessarily it should be in consonance with the transfer of property act vis--vis indian registration act or stamp act. hence, we do not find any reason to accept the submissions made on ..... which provides for creation of valid charge or mortgage is the transfer of property vis--vis compliance of stamp act or indian registration act.21. thus, we are of the view, that a charge registered with the registrar of the companies under section 125 of the companies ..... alleged deposit of title deeds does not create a mortgage, since it is unstamped, unregistered and quite contrary to the provisions of the stamp act and registration act and therefore, the 1st defendant corporation cannot proceed against the said property under the foot of the said mortgage. hence, the suit for .....

..... course of our judgment, we refer the parties as arrayed in the lower court for the sake of convenience.3. the plaintiff, who is a registered partnership firm carrying on business in tobacco seed oil, neem oil, sent 79.020 metric tonnes of tobacco seed oil to the 3rd defendant-company, which is ..... . but the goods were not released in favour of the plaintiff and they were sold in public auction.17. section 160 of the indian contract act, 1872 (for short 'the act') mandates return of the goods by the bailee to the bailor or deliver according to the bailor's directions, the goods bailed, without ..... action viz. action for wrongful conversion and action for wrongful detention, otherwise known as action in trover and action in detinue. a conversion is an act of wilful interference, without lawful justification, with any chattel in a manner inconsistent with the right of another, whereby that other is deprived of the ..... demand, as soon as for which they were bailed has expired, or the purpose for which they were bailed has been accomplished. section 161 of the act says if, by the default of the bailee, the goods are not returned, delivered or tendered at the proper time, he is responsible to the bailor ..... informed the 1st] defendant-corporation that the stock belongs to the plaintiff and requested to release in their favour, but the 1st defendant-corporation did not act upon. in view of the same, the plaintiff approached the high court by filing w.p. no. 25868 of 1996, wherein the high court by .....

..... inter linked, can be discussed together. pw1, one of the partners of the plaintiff firm, was examined and to show that it is a registered partnership firm, ex. ai was marked and this witness deposed that the plaintiff is doing business at kadium in rice and paddy and no doubt, he ..... lactic cultures. the first of such resultant products developed is curds or yogurt (dahi) obtained by fermenting milk. it is an important item in indian food. dahi when subjected to churning yields butter (makkhan) and buttermilk as by-product buttermilk. the shelf life of dahi is two days ..... is as follows. government of orissa issued two notifications in exercise of powers under sections 3b and 5(1) of the orissa sales tax act, 1947 (orissa act, for brevity), making severed bamboos and standing trees liable to tax on turnover. subsequently, two other notifications were issued in supersession of ..... air 1999 sc 738, respondent was indicted for an offence under section 16(1)(a)(i) read with section 7 of prevention of food adulteration act, 1954 (pfa act, for brevity), on a charge of adulteration of asafoetida, based on the report of public analyst, calcutta. after entering appearance in criminal court, he ..... under.notificationin exercise of the powers conferred by sub-section (4) of section 4 of the andhra pradesh (agricultural produce and livestock) markets act, 1966 (act 16 of 1966) and in supercession of all the g.os., issued on the subject of agricultural produce, livestock and products of livestock and .....